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Bombay HC – Section 10 of the MOFA – Rejection of Application of the Society for Deemed Conveyance – Illegal

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Section 10 of the MOFA – Rejection of Application of the Society for Deemed Conveyance –

Bombay HC – Deemed Conveyance Must Be Granted When Area of the Society is Clearly Ascertainable

Bombay HC  Clarifies Scope of Powers and Functions of the Competent Authority – Conveyance Must Follow Agreement of Sale and Architect’s Certificate on the area of Society land.

The rejection is mainly on the ground that the development undertaken by the Developer pertains to a larger parcel of the land, the petitioner failed to produce a layout plan and Architect’s Certificate to establish its proportionate entitlement in the larger property.

Upon consideration of Clause (6) of the agreement executed under Section 4 of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 (“MOFA”) and the Architect’s certificate dated 13 October 2022, it is evident that the land admeasuring 985.90 square meters. The said area is clearly ascertainable in terms of Clause (6) of the agreement executed under Section 4 of MOFA.

Judgment dated 18.2.2026 of the High Court of Bombay in Writ Petition NO.9751 of 2024 of  New Jalpari CHS Ltd   Vs.  M/s. Sudama Estate Agency and others

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